Appellate Division: Second Judicial Department

M222182

S/sl

2016-03897 Kevin McDermott, appellant-respondent, v Elissandra C. Santos, et al., respondents, Swim Tech Pool Services, Inc., respondent- appellant, et al., defendant (and a third-party action). (Index No. 9889/11)

ORDER ON APPLICATION

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered March 4, 2016.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until January 24, 2017, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENTER:

Aprilanne Agostino

Clerk of the Court